Agustin

1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 REMIGIO I. AGUSTIN, Case No. 23-cv-02131-JD

7 Plaintiff,

ORDER RE DISMISSAL

v. 8

9 JULIE SU, Defendant. 10

11 12 Pro se plaintiff Remigio Agustin alleges that defendant Julie Su, in her capacity as 13 Secretary of the U.S. Department of Labor, violated the Federal Employee Compensation Act 14 (FECA), 5 U.S.C. § 8102 et seq., and the Due Process Clause of the Fifth Amendment to the U.S. 15 Constitution, by denying him a “right to a fair and full adjudication” of his claim for disability 16 benefits. Dkt. No. 1 at 27. He seeks a nationwide preliminary injunction, declaratory relief, 17 damages, and a writ of mandamus. See Dkt. Nos. 1 & 7. The Secretary asks to dismiss the 18 complaint for lack of standing and lack of subject matter jurisdiction pursuant to Federal Rules of 19 Civil Procedure 12(b)(1) and 12(b)(6). Dismissal is granted with leave to amend. 20 BACKGROUND 21 As alleged in the complaint, Agustin is a former civilian employee of the U.S. Navy who 22 suffered…